Restricted Physical Debenture definition

Restricted Physical Debenture means a definitive Debenture that bears the U.S. Legend;
Restricted Physical Debenture means a definitive Debenture Certificate that bears the U.S. Legend;
Restricted Physical Debenture means a definitive Debenture that bears the U . S . Legend ; (70) “ Restricted Uncertificated Debenture ” means an Uncertificated Debenture that is deemed to bear the U . S . Legend ; (71) “ Rule 904 Declaration ” has the meaning ascribed thereto in Section 3 . 2 ( 3 )(a)(ii)(A) ; (72) “ SEC ” means the United States Securities and Exchange Commission ; (73) “ Secured Creditor ” means a holder or holders of Secured Indebtedness and includes any representative or representatives, agent or agents or trustee or trustees of any such holder or holders ; (74) “ Secured Indebtedness ” means the principal of, the premium (if any) and interest and other obligations on secured indebtedness, statutory liens (other than statutory liens where the party is defending same in good faith), secured bank or other institutional indebtedness, and secured project indebtedness, in each case owing by the Corporation, or renewals, extensions and refunding of such indebtedness, including, without limitation : (a) obligations of the Corporation or its Subsidiaries under any swap, hedging or other similar contracts or arrangements ; (b) all costs and expenses incurred by or on behalf of the holder of any such indebtedness in enforcing payment or collection of any such indebtedness, including enforcing any security interest securing the same . “Secured Indebtedness” shall not include any indebtedness that would otherwise be Secured Indebtedness if it is expressly stated to be subordinate to or rank pari passu with the Debentures ; (75) “ Senior Creditors ” means a holder or holders of Senior Indebtedness and includes any representative or representatives or trustee or trustees of any such holder under any indenture pursuant to which any instruments evidencing any such Senior Indebtedness may have been issued ; (76) “ Senior Indebtedness ” means the principal of and the interest and premium (or any other amounts payable thereunder), if any, on : (a) all indebtedness, liabilities and obligations of the Corporation (other than the Initial Debentures), or of others (including, without limitation, any Subsidiary of the Corporation) the payment of which the Corporation is responsible or liable (whether absolutely or contingently), whether outstanding on the date of this Indenture or thereafter created, incurred, assumed or guaranteed in connection with the acquisition of any businesses, properties or other assets or for monies borrowed or raised by whatever means (including, without limitat...

Examples of Restricted Physical Debenture in a sentence

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture or a Restricted Uncertificated Debenture if the Company receives an opinion of counsel of recognised standing, in form and substance reasonably satisfactory to the Company, to the effect that such transfer or exchange is in compliance with an available exemption from the registration requirements of the 1933 Act and all applicable state securities laws.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture if the Trustee receives a certificate to the effect set forth in Schedule E, including the certifications in item (1) thereof.

  • Like other universities in this state, these universities require a law class for aspiring principals and devote a component of their programming to job-embedded, performance-based experiences.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture or a Restricted Uncertificated Debenture if the Corporation receives an opinion of counsel of recognised standing, in form and substance reasonably satisfactory to the Corporation, to the effect that such transfer or exchange is in compliance with an available exemption from the registration requirements of the 1933 Act and all applicable state securities laws.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture if the Trustee receives a certificate to the effect set forth in Schedule D, including the certifications in item (1) thereof.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture or a Restricted Uncertificated Debenture if the Corporation receives an opinion of counsel of recognised standing, in form and substance reasonably satisfactory to the Corporation, to the effect that such transfer is in compliance with an available exemption from the registration requirements of the 1933 Act and all applicable state securities laws.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture if the Trustee receives an opinion of counsel of recognised standing, in form and substance reasonably satisfactory to the Trustee and the Corporation, to the effect that such transfer or exchange is in compliance with the U.S. Securities Act and all applicable state securities laws.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture if the Trustee receives a certificate to the effect set forth in Schedule D, including the certifications in item (1) or 3(b) thereof.

  • A Restricted Physical Debenture may be transferred to a Person who takes delivery thereof in the form of a Restricted Physical Debenture if the Trustee receives an opinion of counsel of recognised standing, in form and substance reasonably satisfactory to the Trustee and the Corporation, to the effect that such transfer or exchange is in compliance with the 1933 Act and all applicable state securities laws.

  • Check and complete if Transferee will take delivery of an interest in a Restricted Debenture or a Restricted Physical Debenture pursuant to Rule 144A.


More Definitions of Restricted Physical Debenture

Restricted Physical Debenture means a definitive certificate representing Debentures, including without limitation, a definitive certificate issued in accordance with Section 2.6(c) or Section 3.1(b) that bears a U.S. Legend;

Related to Restricted Physical Debenture

  • Restricted Certificated Note means a Certificated Note bearing the Private Placement Legend.

  • Restricted Note has the same meaning as “Restricted Security” set forth in Rule 144(a)(3) promulgated under the Securities Act; provided that the Trustee shall be entitled to request and conclusively rely upon an Opinion of Counsel with respect to whether any Note is a Restricted Note.

  • Restricted Notes means Initial Notes and Additional Notes bearing one of the restrictive legends described in Section 2.1(d).

  • Restricted Notes Legend means the legend set forth in Section 2.2(f)(i) herein.

  • Global Debenture shall have the meaning set forth in Section 2.4(a).

  • Initial Debentures means the Debentures designated as “9.5% Unsecured Convertible Debentures” and described in Section 2.5;

  • Restricted Security has the meaning assigned to such term in Rule 144(a)(3) under the Securities Act; provided, however, that the Trustee shall be entitled to receive, at its request, and conclusively rely on an Opinion of Counsel with respect to whether any Note constitutes a Restricted Security.

  • Global Preferred Security means a Preferred Securities Certificate evidencing ownership of Book-Entry Preferred Securities.

  • Unrestricted Notes means one or more Notes that do not and are not required to bear the Private Placement Legend, including, without limitation, the Exchange Notes.

  • Unrestricted Certificated Security means a Certificated Security that is not a Restricted Security.

  • Restricted Securities Legend has the meaning set forth in Section 8.2(b).

  • Note means a promissory note made by the Borrower in favor of a Lender evidencing Loans made by such Lender, substantially in the form of Exhibit C.

  • Certificated Note means a Note in registered individual form without interest coupons.

  • Exchange Debentures has the meaning set forth in Section 2(a) hereof.

  • Convertible Debenture means the 6% convertible debenture dated July 1, 2008 and due July 1, 2011, in the amount of CAD$10,000,000 issued by Orezone to the Debentureholder;

  • Certificated Notes means Notes that are in the form of Exhibit A attached hereto, other than the Global Notes.

  • Restricted Global Security As defined in Section 3.01(c).

  • Transfer-Restricted Security means any Security that constitutes a “restricted security” (as defined in Rule 144); provided, however, that such Security will cease to be a Transfer-Restricted Security upon the earliest to occur of the following events:

  • Book-Entry Preferred Security means a Preferred Security, the ownership and transfers of which shall be made through book entries by a Depositary.

  • Unrestricted Securities with respect to any series of Securities, means a Security (i) effectively registered under the Securities Act and disposed of in accordance with a registration statement with respect to such series or (ii) distributed to the public pursuant to Rule 144 under the Securities Act or any similar provision then in force.

  • Subordinated Note means the Subordinated Note (or collectively, the “Subordinated Notes”) in the form attached as Exhibit A hereto, as amended, restated, supplemented or modified from time to time, and each Subordinated Note delivered in substitution or exchange for such Subordinated Note.

  • Transfer Restricted Securities means securities that bear or are required to bear the legend set forth in Section 2.06 hereof.

  • Restricted Global Certificate Has the meaning specified in Section 3.01(c).